Summary
The applicant, a 39-year-old deckhand for a defense contractor, sought a Secret-Level security clearance. His application was denied due to a history of illegal drug use, falsification of security clearance application, criminal conduct related to tax violations, and financial irresponsibility. The judge found insufficient evidence of rehabilitation and a lack of integrity in the applicant's disclosures.
Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: The Applicant intentionally falsified material aspects of his personal background during the clearance screening process (2.a). The Applicant provided false statements to material questions pertaining to the Applicant's true involvement with illegal drugs (2.b). The Applicant is indebted to a creditor in the amount of $151.00. This debt remains outstanding, and the Applicant has made no effort to pay this bill since October 1995 (4.a). The Applicant is indebted to another creditor in the amount of $89.00. This debt remains outstanding, and the Applicant has made no effort to pay this bill since October 1995 (4.b). The Applicant is indebted to the State Franchise Tax Board approximately $1,227.54 for back taxes owed for tax year 1990. This debt remains outstanding, and the Applicant has made no effort to pay this bill since October 1995 (4.c). The Applicant is indebted to a third creditor in the amount of $80.00. This debt remains outstanding, and the Applicant has made no effort to pay this bill since October 1995 (4.d). The Applicant is indebted to a fourth creditor in the amount of $115.00. This debt remains outstanding, and the Applicant has made no effort to pay this bill since October 1995 (4.e). The Applicant is indebted to the ------------------------------------- in the amount of $9,679.23, for a defaulted student loan. This debt remains outstanding, and the Applicant has made no effort to pay this bill since October 1995 (4.f). In June 1994, a judgment for child support was entered against the Applicant at the rate of $375.00 per month, in the amount of $6,000.00. This debt remains outstanding, and the Applicant has made no effort to pay this bill since October 1995 (4.g). The Applicant is indebted to a fifth creditor in the amount of $340.00. This debt remains outstanding, and the Applicant has made no effort to pay this bill since October 1995 (4.h). The Applicant admits to abusing a variety of illegal drugs beginning in the early 1980s and continuing until at least January 1995. The Applicant's drug of choice was crystal methamphetamine which he used on a weekly basis and became addicted to during the fifteen year period he was using it (1.a). The Applicant stated that from 1993 to 1995, he purchased crystal methamphetamine more than 100 times, however, he never sold it (1.b). From 1970 until sometime in 1994, the Applicant used marijuana on various occasions. He also purchased marijuana in small amounts for his own use during this period (1.c). From 1970 to 1980 or 1981, the Applicant used speed in the pill form during junior high and high school. The Applicant stated that he considers speed and methamphetamine to be the same drug (1.d). During the early 1980s, the Applicant also used and purchased cocaine on various occasions (1.e). The Applicant has not used any illegal drug since January 1995, and has no intentions of using, selling or purchasing any illegal drug in the future (1.f). The Applicant was referred to drug treatment, however, instead of attending he decided to quit using crystal methamphetamine on his own (1.g). The Applicant has recently, however, started the paperwork necessary in order to receive counseling through the veterans assistance program (1.h). The Applicant stated that he used crystal methamphetamine for only recreational purposes, and usually snorted it on the weekends. He never used it while at work (1.i). The Applicant stated that he has not used speed in the pill form since high school (1.j). The Applicant falsified his security clearance application by responding 'no' to questions about illegal drug use and purchases (2.a). The Applicant provided false statements to the Defense Investigative Service regarding his drug use (2.b). The Applicant was interviewed again by the Defense Investigative Service and stated that he last used crystal methamphetamine in January 1995 (2.c). The Applicant knowingly and wilfully provided false material information to DOD during the clearance screening process (3.a). The Applicant failed to file his State Income Tax Returns for multiple years in violation of state law (3.b). The Applicant failed to file his Federal Income Tax Returns for multiple years in violation of federal law (3.c). The Applicant was cited for various driving offenses and failed to appear in court, resulting in warrants for his arrest (3.d). The Applicant acknowledged his responsibility to file both state and federal tax returns and attributes his failure to file on being irresponsible (3.e). The Applicant has made no attempt to contact the taxing authorities to discuss his financial problems (3.f). The Applicant has failed to file any of the tax returns in question at the time of the hearing (3.g). The Applicant has failed to pay his past due debts and has offered little evidence to demonstrate a changed lifestyle (3.h). The Applicant has made no effort to arrange any type of payment plan or discuss his financial problems with his creditors (3.i). The Applicant has simply ignored his creditors (3.j). The Government alleges that the Applicant is ineligible for clearance because he violated both a state and federal criminal statute (3.a). The Applicant knowingly and wilfully provided false material information to DOD during the clearance screening process (3.b). The Applicant failed to file his State Income Tax Returns for tax year 1983, 1984, 1986, 1987, 1990, 1991, 1992, 1993 and 1994 in violation of the States Revenue and Tax Code, which is a misdemeanor (3.c). The Applicant also failed to file his Federal Income Tax Returns for tax years 1992, 1993 and 1994 in violation of Title 26, United States Code, Section 7203, which is a misdemeanor (3.d). The Applicant acknowledges his responsibility to file both state and federal tax returns and attributes his failure to file his returns on being completely and totally irresponsible (3.e). The Applicant was cited for No Drivers License In Possession, Driving with a bad tire, no proof of insurance and an expired registration. The Applicant failed to appear in court and a warrant was issued for his arrest (3.f). The Applicant was cited for No Drivers License In Possession. Again he failed to appear in court, and another warrant was issued for his arrest (3.g). The Applicant satisfied the fines on both warrants and reinstated his Drivers License (3.h).
The judge denied the clearance. The government raised disqualifying conditions E2.A5.1, E2.A2.2, E2.A3.1, E2.A6.1. The decision turned on the following: The applicant admitted to abusing illegal drugs, including crystal methamphetamine, for over a decade; He falsified material information on his security clearance application and in a sworn statement; The applicant failed to file multiple state and federal tax returns, demonstrating poor judgment and irresponsibility; He has significant outstanding debts and made no effort to address them.
Why the Applicant Was Denied
- The applicant admitted to abusing illegal drugs, including crystal methamphetamine, for over a decade.
- He falsified material information on his security clearance application and in a sworn statement.
- The applicant failed to file multiple state and federal tax returns, demonstrating poor judgment and irresponsibility.
- He has significant outstanding debts and made no effort to address them.
Conditions Referenced
- E2.A5.1raisedDrug Involvement
- E2.A2.2raisedPersonal Conduct
- E2.A3.1raisedCriminal Conduct
- E2.A6.1raisedFinancial Considerations
Key Rule Quoted
“The Government must be able to place a high degree of confidence in a security clearance holder to abide by all security rules and regulations at all times and in all places.”
Procedural Posture
- SOR issuedMar 20, 1996
- Answer filedApr 12, 1996
- Hearing heldSep 6, 1996
- Decision dateDec 6, 1996
Cite For
- Denial Based on Drug Involvement and Falsification of Application Under Guideline E
- Criminal Conduct Related to Tax Violations Under Guideline J
- Financial Irresponsibility Under Guideline F